Judge keeps Venezuelan DoorDash driver shot by ICE behind bars for alleged assault

October 1, 2026 / 7:27 AM EDT / CBS/AP

Austin — A Venezuelan delivery driver who was shot in his car by a federal immigration agent in Texas will remain in custody on charges that he assaulted an officer while trying to evade arrest, a federal judge ruled Wednesday.

Judge Dustin Howell said the case against Wilber Rafael Garces Perez, 28, should proceed after prosecutors presented body-worn camera footage of the encounter in Austin, in which Garces Perez allegedly struck a U.S. Immigration and Customs Enforcement officer with his driver's side mirror.

Garces Perez is charged with one count of assaulting, resisting and impeding a federal officer and faces up to 20 years in prison if convicted.

His case has sparked widespread outrage across the Texas capital city and brought renewed criticism from Democrats of President Trump's aggressive crackdown on immigration.

Howell said he denied Garces Perez bond on the basis that he could be a flight risk to Venezuela, where he has a child.His attorneys have filed a lawsuit seeking to prevent his removal from the U.S.

With a bullet still lodged in his back, Garces Perez appeared in court in a wheelchair. His attorneys said he still urgently…

Original source: https://www.cbsnews.com/entertainment/